that could have been my son. and i don't want children in my community to be gunned down. >> reporter: protesters marched through the streets of santa rosa meeting up with more demonstrators at santa rosa jr. college. now more than 1,000 people strong, the group demanded justice for andy and his family. >> not only did they let him reach his potential. they didn't let him turn around and say what was going on before they fired at eight times at him hitting him seven times. >> reporter: she marched with her 13-year-old son who was friends with the middle schooler. >> i'm worried thinking that could happen to him, the same thing that could happen to andy. that's what worries me like every day when i wake up. i worry when he goes to school.

>> reporter: the demonstrators moved to the sheriff's department where they came face to face with deputies in riot gear. they hope to send a message. they want answers and will not stay quiet until they get them. >> i'm going to be out here fighting for change and praying to god it never happens to anyone again. >> sometimes the kid doesn't have a weapon. he wasn't threatening in any way. he may have made a turn in response to the statement. a statement about drop the gun and he didn't have a gun. >> reporter: today's demonstrations lasted several hours. they ended at about 3:00 this afternoon. many of the demonstrators plan to go to the funeral that is taking place at this hour. more demonstrations are scheduled for this weekend. i'm jody hernandez. we're live outside the church where that service is

taking place for andy lopez. what's going on jean? >> reporter: a day of demonstration is now turning to a day of prayer. take a look. you can see there is a hearse here. andy lopez's body arrived about ten minutes ago. officials from the church are coming out to greet the body. hundreds of people are expected. we're seeing a lot of families startingo pour into the church here. i'm seeing a lot of emotional long faces as people file into the church. this mass was scheduled to begin at 5:00. it's going to begin a little bit late as people begin to file in again and again. people are here. they say they are here to support the lopez family, to support them emotionally and to support their efforts to seek

justice for the 13-year-old. i can hear some singing inside the church. we're waiting for the body to be taken inside the church. the funeral mass will last about an hour and a half. it will be in spanish. someone claiming to be a family member is asking for a peaceful night on andy's facebook page. we'll have an update for you tonight at 6:00. >> stay with us for continuing coverage of the story. if there are any new developments, we'll bring them to you. the search is on for a missing minor for san jose. this is 65-year-old walter -- he never returned from a mining trip last weekend. search crews are in nevada can county. about 40 people are searching for him on foot, on horse back,

and by helicopter. the search started yesterday when he was reported missing. his vehicle was found parked on a nearby road, but still no sign of him. a murder case moving forward. six months after this off duty paramedic was shot to death in the oakland hills, a judge has ruled at least one teenager will stand trial for the killing. >> reporter: the judge listened to an hour's worth of testimony here on the seventh floor of the county courthouse. ultimately, he decided he should stand trial for the murder of vernon. he died two days later. oakland police believe that burton, who is being tried as an adult, and five other teenagers wanted to steal the man's car.

burton's attorney said his client is not the shooter. >> i think they relied on the statements of coconspirators. >> it's sad. it should never have happened. >> reporter: the courtroom today was backed with the victim's friends, family, and coworkers. burton's family was here, but they did not have a comment today. he will arraigned on charges of murder november 13th. an exclusive interview with liz boyer, the widow of the victim. new at 5:00, san jose has a new proposal to keep police

recruits in san jose. officers have left the department in droves because of low morale. the city would also pay most of the loan in the first few years of a recruit's career. if a recruit takes a job at another department, he or she will be responsible for paying the balance of training costs with interest. half of september's class of new officers took jobs in other cities after the city paid $170,000 to train each one. the city of san francisco has to pay up. today a jury awarded 15 firefighters nearly $4 million in an age discrimination case. they sued the city claiming a written test for the promotion was fraud. the flames broke out

yesterday in a building that's now been red tagged. four other buildings were also damaged. still no word on the cause. for the second day in a row, the woman accused of hitting and killing a couple was a no-show in court. she is also charged with driving under the influence. her brother said she had a mental breakdown while trying to stay sober. jury dleliberations are underway in the case of a teenager stealing a celebrity chef's lamborghini. he is accused of stealing the yellow sports car back in 2011. he faces several other charges, including shooting at car with a girl inside that he apparently had a crush on.

here they come, or so we think. the daredevils from around the world coming to the bay area. we have the new details about the legendary maverick surf contest. >> they have so much faith in me. i really wanted that finish really bad for them. >> a south bay iron man. he's already overcome major obstacles. can he do it again. a smartphone case that doubles as a security device. buzz on this coming up. plenty of cold air across the bay for today. here's what's going to make it even worse. clearing skies right now with that frost advisory in effect. full details in ten minutes.

it's an iphone accessory getting a lot of buzz, but is it something you want to attach to your smartphone? a phone cover that doubles as a stun gun. scott, is this a good idea? >> we spoke to law enforcement and smartphone users that say they are intrigued by the idea of a stun gun being attached to their smartphone. this one comes from yellow jacket. if you're attacked, you can temporarily stun the attacker with the stun gun and run away. it's being marketed in the bay area. >> i know it's been a hot topic, ipho iphone thefts recently. my suggestion is vigilance. >> the case comes in several colors is very sale on the yellow jacket company website. it will cost $99.

it has iphone 4 and 4s cases for sale now. it will soon have cases for the 5. here's a look at it and how it works and how it sounds. >> pretty scary. thanks, scott. a surge in home burglaries in the mountains is getting the attention of sheriff's deputies tonight. they will host a public meeting at redwood estate pavilion at 7:00 tonight. they will talk about the break-ins and organize a neighborhood safety plan. happening now, a desperate search on the peninsula for this missing man. he went for a walk yesterday and never returned. he left his home on ralston avenue at 9:00 in the morning.

he is diabetic and needs his medication. it is official, the fight is on. a san francisco supervisor unveiled his plans today to tax sugary drinks. he wants a 2 cent per ounce tax on sodas and other sweet drinks in the city. that would equal 24 cents for a regular can of soda. he said the tax would raise about $31 million a year for san francisco that could be used to pay for outdoor recreation programs. >> havi richmond and l.a. rejected a similar plan. the tax would unfairly burden poor communities.

he also proposed a plan to streamline the hours for parks. city parks have a variety of opening and closing hours. it is aimed at the idea of cutting down on vandalism that happens late at night. it's official. the birthplace of the apple computer is now part of history. last night the historical commission voted unanimously to turn steve job's home into a historical site. the late steve jobs and apple cofounder built the first apple 1 computers in the garage back in 1976. we have an update to a story we've been following in the past year. >> his name is jeff schmidt.

>> one-half hour after the finish line closed. i thought a story about a guy that just wouldn't quit would be intere interesting. i had no idea. it's not over yet. they call someone who competes on a prosthetic leg a challenged athlete. what they should call jeff schmidt is a magician. we first met jeff and wife jenny not long after he returned from the 2012 ironman championship.

jeff told us he kept going that night in hawaii because he had come too far to quit and he wasn't talking about the 140-mile race. a star soccer player, he was leg was shattered by a violent tackle 15 years ago. he had failed history and dr depende dependentcys. >> if something in your life is causing you nothing but anguish and you can get rid of it, what do you do? you get rid of it. >> losing that leg turned out to be one of the best things that ever happened to him. >> welcome to our kickoff event. >> jeff's story of perseverance

won him the attention of the triathlon community. he was invited back to hawaii, given a second chance to conquer the biggest race of his life. jeff trained like never before. more than 5,000 miles on the road and in the water to make sure he was ready this year and he was. >> i was feeling prepared. i was feeling calm. i was feeling ready to take on the day. >> he felt so good his eyes could see the hollywood ending up ahead. his calf muscle had other ideas. >> it was so painful. it had been cramped up that whole time but all of a sudden it started spasming real bad. >> he tried to fight the pain, but he wasn't going to beat the

clock. he quit ten miles into the run. >> i was more disappointed that i was letting down my sponsors. sometimes that still hurting a little bit. >> it just happens to have a better run. the money he raised for challenged kids makes it all worthwhile. what kind of role model would he be for them now if he didn't keep pushing, didn't keep turning defeat into victory. >> the lesson in this is just because you fail doesn't mean you give up. i have failed twice now at this race. that doesn't mean i'll never be back. >> i believe him. we talked about the money he raised for the foundation to get the prosthetic legs for kids.

it's more than $60,000. >> he's such a phenomenal athlete. >> he has persevered through the loss of the leg. o each time he manages to turn it around and make it a positive. >> he is already a winner in our eyes. let's get to nbc's -- are we ready for the cold weather outside? >> we have a warmup coming our way, but we have one more day left of this frigid weather. there's a little bit of cloud cover out here, but we're not concerned about all that in the forecast. with skies continuing to clear this afternoon, we got close to some of the coldest weather for

october every. it was also pretty close there in gilroy and oakland. cold temperatures during the day means even colder weather for tomorrow. isolated 30s expected in north bay. remember to protect those plants and bring those pets in as well. you may encounter a few slick spots with some higher dew points. it could create ice over the bridges and overpasses. a first look at tomorrow morning. we'll find widespread 40s and continued clearing, but it is going to stay cool by 11:00 a.m. tomorrow. let's get you outside right now. if you're in for most of the day, the cloud cover is still lingering for parts of santa clara. let's bring you off to the north. you can see here in san francisco it is a mainly clear

shot back towards the east bay. what will this mean for our temperatures? napa could be one of the chilliest. 38 in santa rosa. east bay, more like low 40s. that's going to feel like the upper 30s. 47 in san jose. 42 in morgan hill. we're used to these huge temperature swings by the afternoon, but still looks like it will stay in the 60s for the south bay. 68 in livermore. 67 walnut creek. 58 and up towards the interior valley. 67 in napa. haven't forgotten about you kids. halloween, temperatures in the upper 50s with just a few clouds. looking mighty fine.

temperatures go up warmer by the afternoon thursday, friday, and saturday. a little bit of a roller costar ride. if you have a new jacket, now is the time to try it out. >> at least it's warming up a bit for halloween. still ahead here at 5:00, surfs up. when we're hearing the legendary maverick surf contest is going to start.

it's that time of year. the legendary maverick surf contest is almost here. it can only take place with

ideal surfing conditions. that means waves higher than 30 feet need to be breaking at equal intervals. competitors can be given as little as 24 hours to arrive. we are now just 100 days away from the winter olympics. russia kicked off the countdown. in sochi, hundreds of volunteers formed the number 100 in olympic park. russian is racing to finish preparations for the games which start in february. you can watch them right here on nbc bay area. you can check track on our

website. nbc11.com. with a quick click, you can sign up for our winter olympics newsletter. a lot of people are buzzing about this video. we're back in a moment. stay with us.

make sure your seat belts are fastened and your seat trays are in their up and locked position. virgin america's new inflight safety video is ready for

takeoff. ♪ >> yep, this is real. the real thing. the company hired performers to sing and dance through faa required safety demonstrations to get more passengers to pay attention. as long as the information is in the video, they don't care how you present it. virgin america will begin rolling out the new video on friday. >> it's pretty incredible. >> it's like men in black. it is so creative. >> it's about a five minute video. i watched three of the five mine minutes. >> you were very engaged. >> i'm going to be dancing to put on my life vest and my oxygen mask. >> thanks for joining us here at 5:00. nightly news is next with brian williams.

on our broadcast tonight, at what cost. the president campaigned on it. he said if you like your insurance, you can keep it. but tonight, more of our reporting on the millions of americans finding out their plans will have to change. of course we do. the u.s. spy chief hits back over the uproar in america, spying on our friends and makes it clear they're doing the same thing to us. sky high. what's in store before you board as holiday travel time gets ready to begin. and the superstorm. a year ago tonight, the one that barrelled through places like this and changed so many lives. "nightly news" from the breezy point, the still-battered coastline, begins now.